CH SRIHARI RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner has approached this Court for a second time in connection with a case registered by him in Crime No.82 of 1997 by the III Town Police Station, Kakinada. The petitioner in the present writ petition seeks a direction in the nature of mandamus directing the respondents namely, the Government of Andhra Pradesh represented by its Secretary, Home Department, the Director General of Police, Hyderabad and the Superintendent of Police, Kakinada, E.G. District to entrust the investigation of Crime No.82 of 1997 of III Town Police Station either to CBCID or Task force or any other independent Agency in the interest of justice.

(2.) This. Court ordered notice before admission on 24-4-1998. This Court further gave opportunity to the petitioner to make appropriate application to the police seeking protection and the respondents were directed to consider such representation on its own merits. However, we are now concerned with the legality or otherwise of the action taken by the respondents, especially 3rd respondent and the subordinates of 3rd respondent, in dealing with criminal case registered at the instance and behest of the petitioner.

(3.) The petitioner claims to be a former Member of Parliament of India. He is the Managing Partner of M/s. Padmalaya Finance Corporation, Kakinada. The said firm also has one K.V.R. Chowdary and M.V.V, Satyanarayana Rao as its partners. The petitioner is also a Director in several companies in which Sri K.V.K Chowdary is either Chairman or Managing Director. Sri M.V.V. Satyanarayana Rao like the petitioner, is also the Director in those companies headed by Sri K.V.R. Chowdary. It is alleged by the petitioner that he filed a petition being Petition No.15 of 1994 before the Company Law Board, New Delhi against Sri K.V.R. Chowdary and others alleging mis-appropriation of Rs.200 crores of Company funds. Therefore, they developed grudge against the petitioner and made efforts to do away with his life. The petitioner sought protection from the State Government which was provided and later withdrawn. According to the petitioner, the other two persons are very influential persons. They have lot of influence over the local police. They bore grudge against him for initiating proceedings before the Company Law Board. He further alleged that on 9-4-1997 when he was working in his office, Sri M.V.V. Satyanarayana Rao along with others tress-passed into the office, abused him in filthy language and attacked him with pen-stand which resulted lacerated bleeding injury and when his gunmen came to his rescue, all the accused persons took shelter in the room of Sri K.V.R. Chowdary. According to him these terrorising tactics was played on him to harass him for filing a petition before the Company Law Board.